Week 39: A Full Merits Decision & CoA Rulings on Confidentiality and Deadlines
Episode Description:
Week 39 at the UPC brought major rulings on the merits of a patent case, along with key procedural and confidentiality decisions from the Court of Appeal. Our AI hosts unpack the highlights from Professor Willem Hoyng's expert analysis of the week's most important decisions.
Key topics covered in this episode include:
Full Merits Decision (Hamburg LD – Nera v Xiaomi): A detailed breakdown of a final decision where a patent was found invalid as granted for added matter. The court held that the surviving auxiliary claims were novel and inventive, but ultimately not infringed.
Confidentiality Appeals (CoA – Apple/Ericsson v Asus): Analysis of a Court of Appeal ruling which confirmed that a third party may intervene in an appeal where its own confidential information is at stake, allowing Apple to join the proceedings.
Strict Appeal Deadlines (CoA – BEGA v Washtower): A look at the Court of Appeal's strict stance on time limits, highlighted by its decision to reduce a two-week extension request for filing grounds of appeal down to just three working days.
Ex Parte Measures (Düsseldorf LD – Otec v Steros): A practical example of the court's power to grant an ex parte inspection and evidentiary seizure at a trade fair, following recent Court of Appeal guidance.
For a deeper dive into these cases, read Professor Hoyng's full written commentary for Week 39:https://www.hoyngrokhmonegier.com/news-insights/upc-unfiltered-by-willem-hoyng-upc-decisions-week-39-2025/
Disclaimer: Podcast uses AI-generated voices; minor inaccuracies may occur.
